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THIS AGREEMENT CURRENTLY APPLIES TO SERVICES IN CONNECTION WITH ONLINE GAME
SERVICES AND RELATED INTERNET SITES, PROMOTIONS, COMMUNITIES, WEB PAGES AND
OTHER CONTENT OPERATED BY CREARA USA, INC .
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CREARA USA, INC. ("CREARA") STATING
THE TERMS THAT GOVERN YOUR USE OF THIS Services (“AGREEMENT” OR “TERMS OF
Services”). IN ORDER TO ACCESS AND ENJOY THIS Services, INCLUDING THE RELATED
APPLICATIONS, CONTENT AND PRODUCTS, YOU MUST AGREE TO THESE TERMS OF
Services.
YOU AGREE TO ABIDE BY THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ANY
APPLICABLE SOFTWARE LICENSES, AND ALL OF CREARA'S RULES AND POLICIES. YOU
MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES,
ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND CREARA MAY REFUSE YOU
ACCESS TO THE Services FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
CREARA IS A UNITED STATES COMPANY, and as such the terms and conditions that apply to
the Services contain some references to United States law that may apply to you. Please
read them carefully.
WARNING: Some Video Games, Video Content, and Software can be seizure triggers for
people with photosensitive epilepsy. If you have a history of photosensitive epilepsy or
concern about this or other medical conditions related to seizures, consult a medical
professional before using any of the products and services discussed in this Agreement.
No Property Rights. You do not acquire any property rights in any online assets or
achievements associated with your Account. Creara may terminate your Account, the
Services or the Site, and you may lose your user names, Services assets, profiles (e.g.,
avatars) and related information and content without Creara incurring any liability to you.
Privacy. Except as otherwise expressly provided for in this Agreement, information
collected by Creara in connection with the Services is subject to Creara’s Privacy Policy. THE
Services MAY CONTAIN PORTALS TO SITES CONTROLLED, OWNED AND OPERATED BY
INDEPENDENT THIRD PARTIES. ANY INFORMATION PROVIDED TO OR COLLECTED BY ANY
SUCH THIRD PARTY IS SUBJECT TO THAT PARTY’S PRIVACY POLICY. You should familiarize
yourself with such third-party’s privacy policy before you provide them with information
about yourself and Creara makes no representations or warranties with regard to such third
party’s use of any information collected.
1. Creara’s Services. Creara provides software applications for mobile and Internet
platforms (“Applications”) to enable users to access Internet websites (including social
and gaming websites) and share, play and purchase digital content (“Products”) (all of
the foregoing, collectively, the "Services"), under certain terms and conditions as set
forth in this Agreement.
2. Age requirements for use of the Services. The Services are available only for
individuals aged 13 years or older. If you are 13 or older but under the age of 18, you
should review these terms and conditions with your parent or guardian to make sure that
you and your parent or guardian understand and agree to these terms and conditions.
3. User Account and Password. Certain Services require user registration and the
creation of a user account ("Account"), including the creation of a password to access
that account. If you create an Account, you agree to provide accurate, current, and
complete information during registration and at other points as may be required in the
course of using the Services ("Registration Data"). You further agree to maintain and
update your Registration Data as required to keep it accurate, current, and complete.
Creara may terminate your rights to any or all of the Services if any information you
provide is false, inaccurate or incomplete. You agree that Creara may store and use the
Registration Data you provide for use in maintaining your accounts and billing you for any
applicable fees. You are solely responsible for maintaining the confidentiality and security
of your Account. You should not reveal your Account information to anyone else or use
anyone else's Account. You are entirely responsible for all activities that occur on or
through your Account, and you agree to immediately notify Creara of any unauthorized
use of your Account or any other breach of security. Creara shall not be responsible for
any losses arising out of the unauthorized use of your Account. Creara and its licensors
reserve the right to disable any password that it or they believe has been disclosed in
violation of this Agreement.
4. Intellectual Property and Limited License.
a. Service Content. You agree that the Services, including but not limited to
Applications, sites, Products, software, graphics, audio clips, editorial content,
trademarks, designs, look and feel of the foregoing, and all other audio and
visual content and intellectual property in or accessed in connection with Services
(“Service Content”) is, to the fullest extent possible, proprietary information
and material owned by Creara and/or its licensors, and protected by applicable
intellectual property and other laws, including but not limited to copyright
protections. You further agree that you will not use such Service Content in any
way whatsoever except as expressly permitted. You should assume that all
Service Content and materials are protected by United States and other
jurisdictions’ copyright, trade dress, patent, and trademark laws, and other laws
protecting intellectual property and related proprietary rights, as well as
international conventions.
b. Limited License. Subject to your compliance with the terms and conditions of
this Agreement, Creara grants you a limited, non-exclusive, non-transferable,
non-sublicensable, license to use the Services to access, view, download and
print, where applicable, any Service Content solely for your personal and noncommercial
purposes. The use of the Services or the Service Content is
prohibited unless specifically permitted by this Agreement or specific permission
is provided elsewhere in the Services. Creara and its licensors reserve the right to
change, suspend, remove, or disable access to the Services or any Service
Content at any time without notice. In no event will Creara be liable for the
removal of or disabling of access to the Services or such content. Creara may
also impose limits on the use of or access to the Services, in any case and
without notice or liability.
c. You agree to the following prohibitions: You will not use, copy, adapt,
modify, prepare derivative works based upon, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, stream, broadcast or otherwise
exploit the Services or Service Content, except as expressly permitted in this
Agreement. No licenses or rights are granted to you, including by implication or
otherwise, except for the licenses and rights expressly granted in this Agreement.
d. You also agree not to do any of the following while using the Services:
• Post, upload, publish, submit or transmit any text, graphics, images,
software, music, audio, video, information or other material, or take any
action that: (i) infringes, misappropriates or violates a third party’s patent,
copyright, trademark, trade secret, moral rights or other intellectual property
rights, or rights of publicity or privacy; (ii) violates, or encourages any
conduct that would violate, any applicable law or regulation or would give rise
to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is
defamatory, obscene, pornographic, vulgar or offensive; (v) promotes
discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group; (vi) is violent or threatening or promotes violence or
actions that are threatening to any other person; (vii) promotes illegal or
harmful activities or substances (including but not limited to activities that
promote or provide instructional information regarding the manufacture or
purchase of illegal weapons or illegal substances); or (viii) is otherwise
disruptive to or interferes with the general use or enjoyment of the Services
by others.
• Post or send any confidential or proprietary materials to the Services.
• Modify, rent, lease, loan, sell, distribute, or create derivative works based on
the Services or Service Content, in any manner, and you shall not exploit the
Services in any unauthorized way whatsoever, including but not limited to, by
trespass or burdening network capacity.
• Use, display, mirror, frame or utilize framing techniques to enclose the Site or
Services, or any individual element or materials within the Site or Services,
Creara’s name, any Creara trademark, logo or other proprietary information,
the content of any text or the layout and design of any page or form
contained on a page, without Creara’s express written consent
• Access, tamper with, or use non-public areas of the Site or Services, Creara’s
computer systems, or the technical delivery systems of Creara’s providers.
• Attempt to probe, scan, or test the vulnerability of any Creara system or
network or breach any security or authentication measures.
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by Creara or any of
Creara’s providers or any other third party to protect the Site, Services or
Service Content.
• Attempt to access or search the Site, Services or Service Content or download
Service Content from the Site or Services through the use of any engine,
software, tool, agent, device or mechanism (including spiders, robots,
crawlers, data mining tools or the like) other than the software and/or search
agents provided by Creara or other generally available third-party web
browsers (such as Microsoft Internet Explorer, Mozilla Firefox).
• Send any unsolicited or unauthorized advertising, promotional materials,
email, junk mail, spam, chain letters or other form of solicitation.
• Use any meta tags or other hidden text or metadata utilizing an Creara
trademark, logo URL or product name without Creara’s express written
consent.
• Use the Site, Services or Service Content for any commercial purpose or the
benefit of any third party or in any manner not permitted by this Agreement.
• Forge any TCP/IP packet header or any part of the header information in any
email or newsgroup posting, or in any way use the Site, Services or Service
Content to send altered, deceptive or false source-identifying information.
• Attempt to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the Site, Services or Service Content.
• Interfere with, or attempt to interfere with, the access of any user, host or
network, including, without limitation, by sending a virus, overloading,
flooding, spamming, or mail-bombing a Services.
• Collect or store any personally identifiable information from the Site or
Services from other users of the Site or Services without their express
permission.
• Exploit any bug in the Services or in any Creara product to gain unfair
advantage in the games or programs or communicate the existence of any
such bug (directly or indirectly) to any other users of the Services.
• Impersonate or misrepresent your affiliation with any person or entity.
• Attempt to get a password, account information, or other private information
from anyone else on a Services.
• Use or distribute "auto" software programs, "macro" software programs or
other "cheat utility" software program or applications.
• Violate any applicable law or regulation.
• Encourage or enable any other individual to do any of the foregoing.
Creara shall have the right to investigate and prosecute violations of the above, to
the fullest extent of the law. Creara may involve and cooperate with law
enforcement authorities in prosecuting users who violate this Agreement.
5. Materials Published by You: Representations and Warranties, and License.
The Services may offer interactive features that allow you to, among other things, submit
or post information, materials or links to third party content on areas of the Services
accessible and viewable by other users of the Services and the public. You represent,
warrant and agree that any use by you of such features, including any information,
materials or links submitted or posted by you, shall be your sole responsibility, and shall
not violate any of the prohibitions of this Agreement. You further agree, represent and
warrant that you shall provide accurate and complete information in connection with your
submission or posting of any information or materials on the Services. Creara reserves
the right not to post or publish any materials, and to delete, remove or edit any material,
at any time in its sole discretion without notice or liability. Creara has the right, but not
the obligation, to monitor any information and materials submitted or posted by you or
otherwise available on the Services, to investigate any reported or apparent violation of
this Agreement, and to take any action that Creara in its sole discretion deems
appropriate. You expressly grant to Creara a non-exclusive, perpetual, transferable, sublicensable,
worldwide, royalty-free, complete and irrevocable right to quote, re-post, use,
reproduce, modify, create derivative works from, syndicate, license, print, sublicense,
distribute, transmit, broadcast, and otherwise communicate, and publicly display and
perform the content, or any portion thereof, in any manner or form and in any medium or
forum, whether now known or hereafter devised, without notice, payment, attribution or
any other kind of obligation to you or any third party. You grant Creara all licenses,
consents and clearances to enable Creara to use such content for such purposes. You
waive, and agree not to assert any moral or similar rights you may have in such content.
6. Access to Material through the Services. You understand that by using the Services,
you may encounter content that may be deemed offensive, indecent, or objectionable,
which content may or may not be identified as such. Nevertheless, you agree to use the
Services at your sole risk and that Creara shall have no liability to you for content that
may be found to be offensive, indecent, or objectionable. The Services may include
materials from third parties or links to certain third-party web sites. You acknowledge
and agree that Creara is not responsible for examining or evaluating the content or
accuracy of any such third-party material or web sites. Creara does not warrant or
endorse and does not assume and will not have any liability or responsibility for any
third-party materials or web sites, or for any other materials, products, or services of
third parties. Links to other web sites are provided solely as a convenience to you. You
agree that you will not use any third-party materials in a manner that would infringe or
violate the rights of any other party, and that Creara is not in any way responsible for any
such use by you.
7. Agreement to Pay; Electronic Submissions. You agree to pay for all Products you
purchase through the Services. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF
ALL FEES AND FOR PROVIDING A VALID CREDIT CARD OR OTHER PAYMENT DETAILS
FOR PAYMENT OF ALL FEES. Prices and availability of any Products are subject to change
at any time. Your use of the Services may include the ability to enter into agreements
and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC
SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO
PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO
BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL
TRANSACTIONS YOU ENTER INTO THROUGH THE SERVICES, INCLUDING NOTICES OF
CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and
retain your electronic records, you may be required to have certain hardware and
software, which are your sole responsibility.
8. Changes to this Agreement, and Changes or Termination of Services
Creara reserves the right at any time to (i) change the terms and conditions of this
Agreement; (ii) make changes to the Services; (iii) eliminate or discontinue any content
or feature; (iv) change the fees, charges or other financial conditions for the Services or
(v) terminate the Services in its entirety. Notice of any such changes may be provided by
means including, without limitation, posting through the Services or communication via
email. After notice of any change is provided to you, any changes to the Agreement or
your Account will be effective five (5) days from the date of sending or posting the
notice. Your continued activity in any Account will be deemed acceptance of such
changes.
9. System Requirements. Use of the Services requires one or more compatible devices,
Internet access (fees may apply), and certain software (fees may apply), and may
require obtaining updates or upgrades at any time and from time to time. Because use of
the Services involves hardware, software, and Internet access, your ability to use the
Services may be affected by the performance of these factors. High speed Internet
access is strongly recommended. You acknowledge and agree that such system
requirements, which may be changed at any time and from time to time, are your
responsibility. Notwithstanding anything else, no purchase or obtaining of any product
shall be construed to represent or guarantee you access to the Services. IMPORTANT:
CREARA MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS
TO BALANCE GAME PLAY AND USAGE OF THE SERVICES. THESE UPDATES OR "RESETS"
MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT
CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL.
CREARA RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU
FOR ANY DAMAGE OR LOSS CAUSED BY THESE CHANGES.
10.Transactions through the Services. Your purchase of Products and other transactions
made through the Services are subject to any end-user agreements or other terms and
conditions required for use of such products. It is your obligation to understand the
applicable terms of sale or other agreements for any transactions that you undertake
through the Services. Creara makes no representations with regard to any terms of sale
or other agreements for any third parties.
11.Termination.
a. Termination by Creara. Creara may immediately terminate your access to the
Services and Account(s) (and access to all related entitlements) without notice to
you if it believes, in its sole discretion, that you have (i) violated this Agreement,
including but not limited to failure to make payment of fees due, failure to provide
Creara with a valid method of payment or with accurate and complete Registration
Data, failure to safeguard your Account information, violation of the Security
Framework or any license to the software, or infringement or other violation of third
parties' rights, (ii) made illegal or improper use of the Services or your Account, (iii)
made illegal or improper use of any of Creara’s services or products or of Creara’s or
any third-party’s intellectual property, (iv) otherwise violated any laws or regulations.
Creara may also immediately terminate your account if your Account has been
deemed inactive by Creara due to non-use or upon request by law enforcement or
other government or regulatory authorities. Creara may terminate your Account if
necessary or appropriate, in Creara’s sole discretion, such action is required for
technical reasons. Notice of such immediate termination may be contemporaneous
with the termination, and prior notice shall not be required from Creara. Creara’s
termination of this Agreement as between you and Creara is in addition to any other
remedies that Creara may have in law or in equity with regard to your use of the
Services, your Account or in connection with any of the Service Content. You may
lose your user names, profiles (e.g., avatars) and related information and content as
a result of Account termination. If you have more than one Account, Creara may
terminate all of your Accounts and all related entitlements. Creara may issue you a
warning, at its sole discretion. You acknowledge that Creara is not required to
provide you notice before terminating your Account(s) or issue any warning. If
Creara terminates your Account, you may not participate in the Services again
without Creara's express permission. If your Account, or a particular portion of your
Account, is terminated, you will not be entitled to any form of refund or other
reimbursement, including for any fees you have paid, or online time or other credits
acquired (e.g., credits or tokens in an online game) and you will have no further
access to your Account or entitlements associated with your Account or the particular
Services (such as credits, points, tokens or other digital assets). Termination of this
Agreement shall not release you from any obligation that you may have with any
third party for any Products or services purchased through the Services. Creara
reserves the right to collect fees, surcharges or costs incurred before termination of
your Account.
b. Termination of the Services. Creara reserves the right to modify, suspend, or
discontinue the Services (or any part or content thereof) at any time with or without
notice to you, and Creara will not be liable to you or to any third party should it
exercise such rights. If the Services is modified, suspended, or discontinued, you
will not be entitled to any form of refund or other reimbursement, including for any
fees you have paid, or online time or other credits acquired (e.g., credits or tokens in
an online game).
12.Cancellation of Your Account. You have the right to cancel your Account at any time.
Upon cancellation, your Account will no longer be accessible.If you do not agree to the
terms in this Agreement, as it may be amended by Creara at any time and from time to
time, your recourse is to cancel your Account. You understand and agree that the
cancellation of your Account and not using the Services is your sole right and remedy
with respect to any dispute with Creara, including any dispute related to, or arising out
of: (i) any term of this Agreement or Creara’s enforcement or application of this
Agreement; (ii) the Service Content; (iii) your ability to access and/or use the Services;
or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any
change to the fees, applicable taxes, surcharges or billing methods for the Services. Any
suspension, termination or cancellation will not affect your obligations to Creara under
this Agreement (including, without limitation, proprietary rights and ownership,
indemnification and limitation of liability), which by their sense and context are intended
to survive such suspension, termination or cancellation. Creara reserves the right to
collect fees, surcharges or costs incurred before you canceled your Account. You are also
responsible for any amounts owed to third-party vendors or content providers before
your cancellation. Any delinquent or unpaid fees and other unresolved issues with Creara
must be settled before you establish a new Account.
13.General Compliance with Laws. The Services is controlled and operated by Creara
from its offices in the United States. You agree to comply with all local, state, federal,
and national laws, statutes, ordinances, and regulations that apply to your use of the
Services.
14.Enforcement of These Terms. Creara reserves the right to takes steps Creara believes
are reasonably necessary or appropriate to enforce and/or verify compliance with any
part of this Agreement (including but not limited to Creara’s right to cooperate with any
legal process relating to your use of the Services and Service Content and/or a third
party claim that your use of the foregoing is unlawful and/or infringes such third party's
rights). You agree that Creara has the right, without liability to you, to disclose any
Registration Data and/or Account information to law enforcement authorities,
government officials, and/or a third party, as Creara believes is reasonably necessary or
appropriate to enforce and/or verify compliance with any part of this Agreement
(including but not limited to Creara’s right to cooperate with any legal process relating to
your use of the Services and Service Content and/or a third party claim that your use of
the foregoing is unlawful and/or infringes such third party's rights).
15.Disclaimer of Warranties; Liability Limitations.
a. CREARA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM LOSS, CORRUPTION,
ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION,
AND Creara DISCLAIMS ANY LIABILITY RELATING THERETO.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES
IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES
DELIVERED TO YOU IN CONNECTION WITH THE SERVICES ARE (EXCEPT AS
EXPRESSLY STATED BY CREARA) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR
USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE
ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL CREARA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM
YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY
WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY
ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE
SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, CREARA’S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
d. CREARA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED
BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND
AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK,
AND CREARA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS
OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. YOU AGREE THAT CREARA MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS
OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE OR LIABILITY
TO YOU.
f. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING
ANY PRODUCTS PURCHASED. CREARA SHALL NOT BE OBLIGATED TO REPLACE ANY
PRODUCT THAT YOU HAVE LOST, DESTROYED OR DELETED, FOR ANY REASON.
g. MANY OF THE SERVICES ARE BRANDED BY THIRD PARTIES AND OFFER THIRDPARTY
CONTENT, PRODUCTS AND SERVICES. CREARA DOES NOT ENDORSE,
WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICES OFFERED IN
CONNECTION WITH THE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDPARTY
PROVIDERS OF SUCH CONTENT, PRODUCTS OR SERVICES.
16.Waiver and Indemnity. BY USING THE SERVICES, YOU AGREE TO HOLD CREARA, ITS
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND
LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH
OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY CREARA
AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR
AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT
HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES
FROM CREARA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR
REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR
TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING
THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CREARA’S
CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER
PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS
AGREEMENT. Upon Creara's request, you agree to defend, indemnify and hold harmless
Creara and Creara licensors, and their respective employees, contractors, officers,
directors, vendors, and content providers from all liabilities, claims and expenses,
including attorneys' fees, that arise from (i) a breach of this Agreement or any other
terms of Services or Rules of Conduct with regard to any of the Services for which you
are responsible or (ii) in connection with your distribution of any Content on or through
the Services. If you fail to defend Creara, after reasonable notice, Creara may assume
the defense and control of any matter subject to indemnification by you, which defense
shall still be at your expense, including attorneys’ fees. Creara reserves the right, at its
own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you. Without limiting the generality of the foregoing, you
agree to indemnify and hold Creara harmless for any improper or illegal use of your
Account, including the illegal or improper use of your Account by someone to whom you
have given permission to use your Account. You agree that you will be personally
responsible for your use of the Services and for all of your communication and activity on
the Services or through your Account, including any Content you contribute, and that you
will indemnify and hold harmless Creara and Creara licensors, from any liability or
damages arising from your conduct on the Services, including any Content that you
contribute or any activities on your Account. This Section shall survive termination of this
Agreement AND SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
17.Changes. Creara reserves the right, at any time and from time to time, to update,
revise, supplement, and otherwise modify this Agreement and to impose new or
additional rules, policies, terms, or conditions on your use of the Services. Such updates,
revisions, supplements, modifications, and additional rules, policies, terms, and
conditions (collectively referred to in this Agreement as "Additional Terms") will be
effective immediately and incorporated into this Agreement. Your continued use of the
Services will be deemed to constitute your acceptance of any and all such Additional
Terms. All Additional Terms are hereby incorporated into this Agreement by this
reference.
18.Notices. You consent to the use of: (i) electronic means to complete this Agreement and
to deliver any notices or other communications permitted or required hereunder; and (ii)
electronic records to store information related to this Agreement or your use of the Site
or Services. Any notices or other communications permitted to required hereunder,
including those regarding modifications to this Agreement, will be in writing and given:
(a) by Creara via email (in each case to the address that you provide), (b) by posting
through the Services or (c) by sending a letter via postal mail to the contact address
listed in your Creara Account contact information. Notices shall be effective immediately
if sent or posted electronically, or (4) four business days after sending if sent via postal
mail.
19.Export Control Laws
You agree to abide by U.S. and other applicable export control laws and not to transfer,
by electronic transmission or otherwise, any materials subject to restrictions under such
laws to a national destination prohibited by such laws, without first obtaining, and then
complying with, any requisite government authorization. You further agree not to upload
to the Services or any Site any data, software or content that cannot be exported without
prior written government authorization, including, but not limited to, certain types of
encryption software. The assurances and commitments in this Section shall survive
termination of this Agreement.
20.Governing Law. The laws of the State of Nevada, excluding its conflicts-of-law rules,
govern this Agreement and your Account(s); and you expressly agree that exclusive
jurisdiction for any claim or dispute with Creara, arising out of or relating in any way to
your Account(s) or your use of the Services resides in the federal and state courts within
the city of Las Vegas, in the State of Nevada in the United States, and you further agree
and expressly consent to the exercise of personal jurisdiction in such courts in connection
with any such dispute including any claim involving Creara or Creara’s partners, affiliates,
licensors or providers. You further agree to waive any objection you may have now or
hereafter to the venue of any suit, and you agree to accept Services of process pursuant
to personal delivery, a recognized courier Services (e.g., FedEx or DHL), or registered
mail, postage prepaid, return receipt requested.
21.Miscellaneous. This Agreement constitutes the entire agreement between you and
Creara and governs your use of the Services, superseding any prior agreements between
you and Creara. You also may be subject to additional terms and conditions that may
apply when you obtain Products, register for sites, or use third-party services, third-party
content, or third-party software. If any part of this Agreement is held invalid or
unenforceable, that portion shall be construed in a manner consistent with applicable law
to reflect, as nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect. Creara’s failure to enforce any right or
provisions in this Agreement will not constitute a waiver of such provision, or any other
provision of this Agreement. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the other provisions will remain in full force and
effect. Creara will not be responsible for failures to fulfill any obligations due to causes
beyond its control.
22.Notice to California Residents. Please note that (a) while some Services are currently
free, there may become fees and charges for the services and they may vary depending
upon options for the services or programs selected by you, and (b) if you have a
complaint, you may contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing at 400 R Street,
Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800)
952-5210.
23.Survival. Those provisions whose terms by implication, use and context are intended to
survive termination of this Agreement shall survive termination of this Agreement.
Last updated: May 5, 2011
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